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1. Defendant D, E, and F jointly share KRW 166,00,000 with respect to the Plaintiff and the day of full payment from June 29, 2019 to the day of full payment.
Reasons
A. Article 2 of the Payment on February 28, 2017: (a) the seller shall receive the balance of the purchase price and deliver all documents necessary for the registration of ownership transfer to the buyer at the same time; and (b) if there is a cause for restricting the exercise of ownership, public charges and other charges, the seller shall remove the defect and burden of his/her rights by not later than the date of the receipt of the balance and transfer the full ownership to the buyer.
Article 3: The profits accruing from the above real estate and charges of taxes, etc. shall be calculated on the basis of the delivery date of the above real estate, and those accrued before the preceding day shall revert to the seller thereafter.
Article 4:Until the buyer pays the intermediate payment (if there is no intermediate payment agreement, the remainder) to the seller, the seller may repay the down payment in an amount equal to a double, and the buyer may also waive the down payment and rescind this contract.
*The seller cooperates with the buyer in obtaining permission for development activities.
2) If the license was obtained even before the remainder date, the remainder shall be paid within 10 (10) days thereafter.
B. On November 30, 2016, the Plaintiff paid KRW 150,000,000 for the down payment of the instant first sales contract to Defendant B and C, and paid KRW 10,000,000 for the instant first sales contract to G.
(c)
Defendant D drafted on February 13, 2017 a loan certificate stating that “The Plaintiff will borrow KRW 10,000,000 and pay it by February 28, 2017,” with respect to the fees that the Plaintiff paid to G.
(d)
G borrowed KRW 100,00,000 from I on March 7, 2017, and paid KRW 100,000 to Defendant B. At the request of G and Defendant D, the Plaintiff paid KRW 1,00,000 to Defendant D around that time, and KRW 2,00,000 to G on March 8, 2017, and KRW 3,00,000,000 in total to Defendant B on March 9, 2017.